Md. Shamshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59630 of 2024 Arising Out of PS. Case No.-729 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Md. Shamshad Alam Son of Aas Mohammad @ Aash Mohammad Resident of Village - Madhopur Susta Near Kabristan, Police Station - Maniyari, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Tajpur P.S. Case No. 729 of 2023 for the offences punishable under Sections 25(1-B)a, 26/35 of the Arms Act.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. The petitioner along with two accused persons tried to flee away after seeing the police party, but he was apprehended. On search, one loaded country-made pistol as well as one live cartridges was recovered from possession of the petitioner.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.59630 of 2024(2) dt.28-08-2024 2/2 this case. He has further submitted that no incriminating article was recovered from possession of the petitioner. The petitioner is a person of clean antecedent and is under custody since 13.12.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances especially the clean antecedent and period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Samastipur in connection with Tajpur P.S. Case No. 729 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) Nirmal/- U T